The legislative intent of this chapter is to promote and protect
the public health, welfare and safety of the inhabitants of the Village
of Newark by regulating existing and signs of all types which are
intended to be viewed from outdoors. It intends to create a more attractive
economic and business climate, enhance and protect the physical appearance
of the community, preserve the scenic and natural beauty of designated
areas, preserve property values and provide a more enjoyable and pleasing
community.
As used in this chapter, the following terms shall have the
meanings indicated:
ATTENTION-GETTING DEVICE
Any nongovernmental flag, spotlight, balloon or similar device
or ornamentation used for purposes of attracting attention for promotion
of business use.
AWNING SIGN
Any visual message incorporated into a nonpermanent structure
projecting from a building and providing protection from the elements,
or a marquee.
AWNINGS and/or CANOPIES
Movable or fixed ornamental roof-like structures extended
from the face of a structure and constructed of durable materials,
including fabrics, which sometimes display lettering or other business
insignia.
BACKLIGHTING
Any indirect source of light which is located from behind
the sign surface or shielded from the viewer's eyes by a translucent
or opaque material.
BUILDING FRONTAGE
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking area; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
BUSINESS USE
A commercial, industrial or service enterprise, including
churches.
CHANGEABLE-COPY SIGN
An announcement sign, bulletin board, or sign which makes
provision for changing letters and other copy.
CODE ENFORCEMENT OFFICER
The official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
EXTERIOR ENTRANCE
A direct entrance from a public way to a habitable or tenantable
space.
FLAG
Any state, municipal, county, or national flag. The national flag must be displayed in accordance with the Federal Flag Code (see United States Code Title 4, Chapter
1). No flag pole shall exceed 50 feet for public display, or 25 feet for home use. All flags shall be proportionate to the height of the flag pole as the Federal Flag Code.
FREESTANDING SIGN
A single or multifaced sign affixed to a supporting structure
or embedded in and extending from the ground or detached from the
building.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
LOGO
Any picture, shape or drawing, with or without letters or
words, used to identify a product service, business or organization.
MUNICIPAL SIGN
Any sign relating to the use of a building or property by
a government, public agency, or municipal board.
MURAL
A work of decorative art applied on or attached to an exterior
wall or fence within public view that does not include graphics or
text that can be interpreted as commercial advertising. Embellishments
to or decoration of architectural elements is not considered a mural.
Notwithstanding the above definition, a mural may contain bona fide
historic recreations of vintage advertising.
PORTABLE SIGN
A sign that is not permanently affixed to a building, a structure
or the ground.
PROJECTING SIGN
A sign which is attached to a building or other structure
and which extends beyond the surface of the building. This sign is
not parallel to the building.
REFLECTIVE SURFACE
Any material or device which has the effect of intensifying
reflected light, such as Scotchlite™, DayGlo™, glass beads and luminous
paint.
SIGN
Any material, structure or part thereof, or any device attached
to a structure or painted or represented thereon, composed of or upon
which is placed lettered or pictorial or other matter for visual communication,
when used or located out-of-doors, or on the exterior of any building
or indoors as a window sign, for the display of any advertisement,
notice, directional matter or name. The term "sign" does not include
signs erected and maintained pursuant to and in discharge of any governmental
function within this political jurisdiction, or required by any law,
ordinance or governmental regulation or the flag or insignia of any
nation or of any governmental agency having jurisdiction over the
Village of Newark.
SIGN PERMIT
A permit issued by the Code Enforcement Officer providing
documentation of the specific sign(s) requiring a permit have been
approved pursuant to these regulations.
WALL SIGN
A sign on a surface or panel that may be affixed to the wall
of a building or structure, includes individual letters, characters
or devices.
No signs or billboards shall be permitted in any district except
as specifically permitted herein as follows:
A. Signs in residential districts. The following signs are permitted
when located on the immediate property:
(1) Professional and home-occupation signs: one unlighted identification
sign, not more than two square feet in area and attached to the wall
of the building and not to protrude more than six inches from the
wall face.
(2) One attached sign of an appropriate nature identifying any nonresidential
building or use permitted in residential districts, not exceeding
20 square feet in area.
(3) Signs necessary for the identification, operation or protection of
a public-utility installation.
B. Signs in business and industrial districts. The following signs are
permitted:
(1) All signs permitted under Subsection
A of this section.
(2) An attached entry directory sign (not exceeding 10 square feet in
area), provided that it announces only services offered within the
building.
(3) In addition to any building directory sign, each tenant of a building,
or plaza with a separate entrance to a Village street, or parking
area shall be entitled to an individual sign not exceeding two square
feet for each lineal foot of building frontage belonging to the particular
tenant. Or each tenant may have two attached signs with a combined
square footage not exceeding what is permitted for the one attached
sign; or
(4) For a tenant space having frontage on more than one street, they
may have a sign for each frontage on a street, however, the combined
square footage of all signs may not exceed 1.5 times the permitted
square footage as outlined in § 130-8(B)(3); or
(5) A tenant having more than two public entrances may have a sign for
each public entrance, however, the combined square footage of all
signs may not exceed 1.5 times the permitted square footage as outlined
in § 130-8(B)(3).
(6) Portable signs.
(a)
Portable signs may not be illuminated.
(b)
Portable sign size shall not exceed 32 square feet and shall
be limited to five feet above grade.
(c)
Portable signs must be removed after 60 days. Another portable
sign permit can be applied for 30 days after removal of a portable
sign.
(d)
Temporary signs and attention-getting devices relating to an
event shall be removed by the owner or occupant of the property not
more than two days thereafter.
(e)
Portable signs less than eight square feet may be used without
a permit, provided such signs are displayed only during the businesses
hours of the business advertised, and no more than one such sign is
displayed per business entrance, and no more than one such sign is
displayed at a site entrance.
(f)
Portable signs must be displayed within 25 feet from the business
entrance, and not conflict with pedestrian or vehicular traffic. Distances
of greater than 25 feet may be administratively approved by the Code
Enforcement Officer. Such sign must comply with the regulations concerning
temporary signs and attention-getting devices above. Noncompliant
sandwich signs may be removed by the Code Enforcement Officer without
notice.
(7) Electronic changeable-copy signs.
(a)
Electronic changeable-copy signs may be permitted inside store
windows parallel to the right-of-way and not exceeding 2% of the window
area.
(b)
The marquis-portion lettering is a single color.
(c)
The sign does not scroll or flash in a continuous motion.
(d)
The sign message changes no more than once every 60 seconds.
(e)
The sign will have no background movement.
(8) Wall signs.
(a)
A wall sign may not be painted directly on a building. However,
the Village Board may approve artistic murals at its discretion. If
the name of the business is included in the mural, this shall be considered
a wall sign and will be subject to sign restrictions. This sign area
is calculated as the total area of the rectangle, circle or square
that fully encloses each word or logo.
[1]
All applications for murals shall be accompanied by a sketch
or digitized picture, drawn to scale, showing the proposed location,
size, height, artwork and color(s) of the mural, as well as the building
facade upon which it is to be located. Applications for murals shall
also include a written plan for ongoing maintenance of the mural once
completed, including the person, agency or organization that will
fund maintenance activities and probable costs associated with maintenance.
[2]
Mural content shall not be obscene or offensive.
[3]
Murals shall not negatively impact historic resources within
the Village of Newark, or cause such resources to lose their local,
state and national register eligibility.
[4]
A mural shall be maintained and shall not be allowed to fade
or lose its integrity. The Village of Newark is not responsible for
maintaining a mural. If the mural is not maintained, the Village of
Newark can require that the mural be removed or covered.
[5]
If proposed mural materials are not compatible with the mounting
surface, the mural shall be placed on its own substrate, set off from
the mounting surface and properly anchored to resist wind and other
forces in accordance with the Uniform Code. The use of combustible
materials shall not be used where prohibited by fire safety codes.
[6]
Sand or high-pressure water blasting that would damage an historic
building's facade is prohibited.
[7]
If a mural becomes marked with graffiti, the property owner,
or other designated party, is responsible for the prompt removal of
the graffiti.
[8]
The maximum allowed size of a mural shall be determined by the
Planning Board on a case-by-case basis.
(b)
A wall sign shall not extend more than 12 inches from the face
of the building to which it is attached.
(9) Projecting signs.
(a)
One projecting wall is permitted in lieu of each permitted primary
wall sign.
(b)
Maximum sign area is 15 square feet.
(c)
Maximum sign projection is five feet; bottom of sign must be
at least 10 feet above finished grade.
(d)
Signs within a New York State Department of Transportation right-of-way
must have New York State Department of Transportation approval.
(10)
Freestanding signs.
(a)
The Code Enforcement Officer may issue a freestanding sign permit
for commercial and industrial zoned properties, provided that said
permanent sign complies with the following requirements:
[1]
Signs shall not exceed 32 square feet per face for a double-faced
sign.
[2]
Any illumination shall not be obstrusive to adjoining properties
or motorists.
[3]
Design of the sign shall be aesthetically acceptable.
[4]
There shall only be one freestanding sign allowed per property.
(b)
Freestanding signs for malls/plazas. The Code Enforcement Officer
may issue a freestanding sign permit for malls/plazas, provided that
said permanent sign complies with the following requirements:
[1]
Any mall/plaza area of less than 10 acres is allowed one freestanding
sign.
[2]
Any mall/plaza area of 10 acres or more is allowed a total of
two freestanding signs.
[3]
The total size per sign shall not exceed 260 square feet.
[4]
Any illumination shall not be obtrusive to adjoining properties
or motorists.
[5]
Design of the sign shall be aesthetically acceptable.
[6]
Mall/plaza area shall be considered as the total continuous
developed area.
(11)
Awning signs.
(a)
One awning sign is permitted in place of a wall sign.
(b)
It is preferred that the lettering for the sign is placed on
the valance of the awning.
(c)
Awnings internally illuminated within the structure of the awning
itself are prohibited.
(d)
An awning sign shall be considered an attached sign and maximum
sign area should be calculated accordingly.
(e)
Refer to section on awnings for awning regulations.
C. Signs in planned unit development districts. The following signs
are permitted:
(1) All signs permitted under Subsection
B of this section.
(2) One freestanding directory sign identifying the businesses contained
within a planned unit development district, not exceeding 200 square
feet in area.
(3) On residential uses, one attached entrance identification sign not
exceeding six square feet.
All signs shall conform to the following requirements:
A. Back-to-back signs may be counted as one sign.
B. No attached sign shall extend above the facade of the building.
C. No freestanding sign shall exceed 25 feet in height from finish grade.
D. Signs shall be located in such a manner so as not to restrict vision
or impair safety.
E. A building permit shall be required prior to the installation of
any signs except those exempt from such requirement.
F. All lighted signs shall be Underwriters Laboratories' (UL) approved
and installation shall be certified by the York Board of Fire Underwriters.
G. Extension cords are not an approved method for electrical service
to any sign.
H. All signs and supports in the Village of Newark shall be properly
maintained at all times. The Code Enforcement Officer shall have the
authority to order the painting, repair or removal of a sign and accompanying
landscaping which constitutes a hazard to safety, health or public
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment. Notification shall be by personal delivery or by certified
mail. If the maintenance notice is not complied with, within 15 days,
it shall become an order to abate the sign or perform the maintenance
or repair specified therein.
I. Any sign not conforming to the regulation of the district in which
it is located at the time of adoption of this chapter shall be considered
preexisting, nonconforming.
J. Any preexisting, nonconforming sign may change the face or panel
of the sign that does not meet the area or height standards of this
section. However, there shall be no increase in the degree of nonconformity.
K. All signs must be brought into compliance with this section if at
any time the sign is altered, repaired, restored or rebuilt to the
extent that the cost exceeds 50% of the estimated replacement cost
of the sign (in current dollar value). All sign permits within any
six consecutive calendar months will be aggregated for purposes of
measuring the 50% standard.
L. If the repair is caused by involuntary damage or casualty and not
deferred maintenance, the sign may be repaired to any extent.
M. Any nonbusiness signs shall be restricted to 16 square feet and shall
be limited to one per parcel. A flag with verbiage not displayed on
a pole will be considered a sign.
N. Any sign existing on or after the effective date of this section which no longer advertises an existing business conducted or product sold on the premises shall be removed by the owner of the premises upon which such sign is located after written notice. The Code Enforcement Officer, upon determining that any such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days from the date of such notice. In the event of the refusal or neglect of the person so notified to comply with said notice or order of the Village Board in the event the aggrieved party requests a hearing pursuant to §
113-8, the Village Board shall provide for the removal of the signs, as the case may be, either by Village employees or by contract, and the total cost thereof, including an administrative fee of $75, shall be billed to the owner and, if not paid within 30 days, will be assessed upon the real property upon which the signs are found, and shall constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of real property taxes.
The violation of any of the provisions this chapter shall be
punishable by a maximum fine of $250 or by imprisonment for not more
than 15 days, or by both such fine and imprisonment.